Public officers, including members of the police force and staff at the Kenya Revenue Authority (KRA) and the Kenya Bureau of Standards (Kebs), are now free to operate liquor outlets without fear of losing their jobs.
This follows a ruling by the High Court that declared a government directive barring them from engaging in the alcohol business as unconstitutional and invalid.
The directive was part of a 25-point policy package introduced in March 2024 by then Interior Cabinet Secretary Kithure Kindiki, now Deputy President, in a bid to curb alcohol abuse across the country. Among the measures was a controversial ban preventing public servants from running or owning bars, citing a conflict of interest.
Justice Roseline Aburili, presiding over the case, found the government overstepped its mandate by issuing directives that carried the weight of law without following due legislative process.
“Executive directives cannot substitute or override statutes enacted by Parliament. By issuing measures that have the effect of law such as closure of licensed premises and seizure of goods without following legislative or regulatory procedures, the Cabinet Secretary acted ultra vires,” she ruled.
“Consequently, these directives are constitutionally void and invalid,” the judge added.
The policy had also targeted workers from several state bodies including the Anti-Counterfeit Authority, the National Authority for Campaign Against Alcohol and Drug Abuse (Nacada), National Government Administration Officers, and officers in the National Police Service.
Justice Aburili further noted that the government had failed to consult or notify stakeholders before issuing the sweeping measures.
A lobby group representing bar and hotel owners had challenged the legality of the move, arguing that the directive had led to harassment and arbitrary arrests by police and other enforcement agencies.
While the court upheld the existing legal restriction on alcohol outlets operating within 300 metres of schools, the judge clarified that such provisions are already outlined in the law.
“Nacada has been tasked with enforcing this law, including cracking down on bars and liquor dispensing establishments located within the prohibited radius,” said Justice Aburili.
The ruling marks a significant win for public officers engaged in side businesses and underscores the limits of executive power in enacting policies with legal consequences.
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